Tenant Forced to Vacate by Restraining Order Couldn't Claim Breach of Warranty of Habitability

December 1, 2009

LVT Number: #22306

Former tenant at a supportive, shared adult housing residence sued landlord for breach of the covenant of quiet enjoyment and warranty of habitability. The court ruled for tenant after a nonjury trial and awarded him $13,000 in damages. Landlord appealed and won. Tenant had occupied a two-bedroom apartment with a roommate. Tenant was required to vacate due to an order of protection sought by the roommate and issued against him by the criminal court. There was no wrongful action on landlord's part.

Former tenant at a supportive, shared adult housing residence sued landlord for breach of the covenant of quiet enjoyment and warranty of habitability. The court ruled for tenant after a nonjury trial and awarded him $13,000 in damages. Landlord appealed and won. Tenant had occupied a two-bedroom apartment with a roommate. Tenant was required to vacate due to an order of protection sought by the roommate and issued against him by the criminal court. There was no wrongful action on landlord's part. Landlord had in fact provided mediation programs to tenant and the roommate in accordance with the terms of their lease. So landlord didn't breach tenant's covenant of quiet enjoyment. In addition, the warranty of habitability protects tenants against conditions that affect their health and safety and deprive them of essential functions of a residence. It didn't apply to personal problems between a residential tenant and his roommate.

Cameron v. Aurora Associates, LP: NYLJ, 11/24/09, p. 32, col. 2 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)

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